ILLINOIS POLLUTION CONTROL BOARD
    November 16, 1995
    C&S RECYCLING, INC.,
    )
    )
    Petitioner,
    )
    )
    PCB 95-100
    v.
    )
    (Permit Appeal - Land)
    )
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    )
    Respondent.
    )
    ORDER OF THE BOARD (by E. Dunham):
    On November 1, 1995, C&S Recycling (C&S) filed a "Motion to
    Stay Proceedings". C&S also filed a waiver of the decision
    deadline until July 26, 1996. The Illinois Environmental
    Protection Agency (Agency) did not file a response to the motion
    to stay. A "Motion for Summary Judgement" was filed on September
    15, 1995 by the Agency. The petitioner has not filed a reply to
    the motion for summary judgment. Pursuant to 35 Ill. Adm. Code
    101.241(b) a party that does not file a response within the
    specified time period is deemed to have waived objection to the
    granting of the motion, but such waiver does not bind the Board
    in its determination.
    C&S is requesting that the Board stay this matter until July
    1996. C&S states that it is currently seeking an amendment to
    Section 22.1, which if the amendment becomes law, would render
    the current appeal moot.
    The Board grants a stay in this matter until March 28, 1996.
    While the Board recognizes that this may not allow sufficient
    time in which to adopt the legislation prior to the end of the
    spring legislative session, the Board requires sufficient time to
    process this case prior to the new decision deadline. Due to the
    statutory notice requirements, the time required to conduct the
    hearing and deliberate the matter, the Board requires a 120 day
    period of time between the stay and the decision deadline in the
    matter. If it is necessary to stay this matter beyond March 28,
    1996, petitioner may file an additional waiver of the decision
    deadline along with the appropriate motion.
    Since this proceeding is stayed, the Board will defer ruling
    on the motion for summary judgment until after the expiration of
    the stay. The parties are instructed to file status reports as
    ordered by the hearing officer during the period of the stay.
    2
    IT IS SO ORDERED.
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
    Board, hereby certify that the above order was adopted on the
    day of , 1995, by a vote of .
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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